header-logo header-logo

05 September 2014 / Seamus Smyth
Issue: 7620 / Categories: Features , Profession
printer mail-detail

Making matters worse?

Woolf & Jackson have diluted claimants’ costs recovery, says Seamus Smyth

The Woolf and Jackson Reports have made life tougher for claimants in business litigation by (i) introducing new litigation stages whose costs are not recoverable, (ii) increasing costs overall, and (iii) substantially reducing the proportion of costs which are recoverable by successful claimants. The two reports brought significant improvements but those improvements should not blind us to their—no doubt accidental—adverse consequences. Will it get worse?

In the 1990s (before Woolf) one could, with reasonable confidence, advise a client with a commercial claim that if a letter before action were written and he instituted successful proceedings shortly thereafter, he would probably be awarded, say, 80% of his actual costs. 20% was bad enough.

Woolf woes

Woolf introduced protocols. These are expensive; the costs are likely to be irrecoverable. He promoted mediation—also expensive—the cost of which is almost certainly irrecoverable. Summary assessment of costs in interlocutory proceedings was also a consequence of Woolf. The preparation of a summary assessment schedule alone has a further cost

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll